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Res 1941 3/15/1977RESOLUTION NO. 19' / RESOLUTION APPROVING CONTRACT WITH THE STATE OF TEXAS, AUTHORIZING THE STATE TO CONSTRUCT CURBS AND GUTTERS AND OTHER IMPROVEMENTS ON BARNETT ROAD AT CITY' S EXPENSE. WHEREAS, on March 1st, 1977 , the Board of Aldermen adopted Resolution No. 1934, approving a contract with the State of Texas for certain improvements on Barnett Road from Southwest Parkway to Athletic Drive, which contract provided that the City will provide for the construction of curbs and gutters and other improvements; and, WHEREAS, the State is willing to construct or have constructed such work for the City at City' s sole expense, which is estimated to be $15,100. 00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDER- MEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City and the State of Texas, acting by and through its State Highway and Public Transportation Commission, is hereby approved, and the Acting City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 15th day of March, 1977. S—gY O R 1 ATTEST: City Clerk Il M A029(1) 8029-3-1 Wichita County STATE OF TEXAS X COUNTY OF TRAVIS THIS AGREEMENT, made this day of 1977, by and between the City of Wichita Falls, Texas, hereinafter called the "City", Party of the First Part, acting_by and through its City Manager and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the construction of curb and gutter, inlets, storm sewer and incidental items within the limits in Wichita Falls on Barnett Road from near Athletic Drive, north to Farm to Market Road No. 369 on Metropolitan Highway No. 175, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed` this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated-construction cost of this work is Fifteen Thousand One Hundred and No/100 Dollars ($15,100.00) , including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 70519, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 1. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Fifteen Thousand One Hundred and No/100 Dollars 15,100.00) , to be used in paying for the proposed work required by the City in the City of Wichita Falls. It is further understood:.that the State will construct only those items for the City as requested and required by the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated im- provements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of Commission Minute No. 70519, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. 2. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated: CITY OF WICHITA FALLS STATE OF TEXAS Party of the First Part STATE .HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION By: Party of the Second Part City Manager Certified as being executed for the purpose and effect of activating and/ ATTEST: or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: City Clerk By: Asst. Engineer-Director under authority of Commission Minute 70104 Recommended for execution: State) Director, Finance 3. WHEREAS, in WICHITA COUNTY, the City of Wichita Falls has re-f - quested assistance in reconstruction on Barnett Road from Athletic Drive north to Farm to Market Road 369, a distance of approximately 0.5 mile; and WHEREAS, Barnett Road is included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transportation to assist the City of Wichita Falls in such work; VOW, THEREFORE, the Engineer-Director is directed to tender the following proposal. to the City of Wichita Falls : Provided the City will : 1 . Provide for the adjustment of utilities, the construction of continuous curb and gutter, storm sewers, driveways and side- walks, all as may be required and all in accordance with governing policies and regulations of the Department. 2. Maintain all of the work constructed as part of the project and agree to regulate traffic , prohibit parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. 3. Adopt and enforce such ordinances and regulations as may necessary for proper operation of the traffic signals. Subject to the availability of Federal-aid Urban System funds andtheeligibilityoftheproposedworkforfinancingwithsaidfunds, the State Department of Highways and Public Transportation will : 1 . Prepare construction plans and specifications. 2. Provide for reconstruction of grading . structures and sur- facing at an estimated cost of $148,800.00 as authorized in the 1975-1976 Urban System Program. Upon acceptance of the provisions of this Order by the appropri-ate officials of the City of Wichita Falls , IT IS ORDERED that BarnettRoadextendingfromAthleticDrive, north to Farm to Market Road 369, adistanceofapproximately0. 5 mile, be and is hereby designated as a METROPOLITAN HIGHWAY and the Engineer-Director is directed to enter into any necessary agreements with the City covering the details of the pro-posed improvements, to proceed with the engineering development of theprojectandaftertheCityhasfulfilleditsresponsibilities , to pro- ceed with construction as authorized herein in the most feasible and economical manner. Minute No. 70519 - Continued It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State to include its portion of the work in the State' s construction contract, the Engineer-Director is hereby autho- rized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Wichita Falls and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Minute No. 70519 September 30, 1975 COPY EXHIBIT A"